My fiance does not have Tax Returns

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veggie

Registered Users (C)
Hi Friends,

I am getting married soon and will be applying for GC. I have many concerns listed below.

1. My Fiancee did not work the whole of last year. I have been supporting her for more than a year now. She is currently looking for a job. I make decent 85,000 per year. What are the complications ?

2. I was born in India and she was born in kuwait. She has been to Pakistan many times and each visit is stamped on her passport pages. Will that be an issue

I would really appreciate any information.

Thanks
 
Last edited by a moderator:
A1: What is your status in the US?
A2: No

veggie said:
1. My Fiancee did not work the whole of last year. I have been supporting her for more than a year now. She is currently looking for a job. I make decent 85,000 per year. What are the complications ?

2. I was born in India and she was born in kuwait. She has been to Pakistan many times and each visit is stamped on her passport pages. Will that be an issue
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She is the citizen. She came here at the age 6. I have been here since 2003.
I came here on F1, then converted to H1B. 2010 is my last year on H1B.
We met in April 2008 and have been living together since Aug' 2008.
She had job untill Dec 2008 and then we moved to a different place and she had to quit.
She did not work for the whole of 2009. I supported her. She recently found a job that pays $ 10 an hour and 40 hours a week. WOuld this help for the case ?
 
veggie said:
She recently found a job that pays $ 10 an hour and 40 hours a week. WOuld this help for the case ?
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That works out to about $20,000 a year, which is above the requirement for a household of 2 unless you are in Alaska or Hawaii.

And your income can be included (even though it is not necessary), as it is a legal job being done in the US and you are living in the US with her.
 
First of all Thank You everyone for all the information. I really appreciate your time. Following my previous posts, I would also like to know if I need to show any amount in my Bank account since my Fiancee did not work last year ?
And also what would be the complications if I mailed the forms the same week I get married ?
 
For the Affidavit of Support, you only need to show the bank account if your combined income is insufficient. So don't bother with it at that stage. However, once you get married you should have a joint bank account and bring the statements to the interview. Not to show that you have enough money, but to show that you are joining assets as a married couple.

There is no problem if you mail the forms the same day you get married. You are on H1B so immigrant intent is not an obstacle. You will need to have everything ready ahead of time if you want to do that, including the medical which may take weeks to get an appointment and the results.
 
Thank you for the information. I have following few questions. Please bear me.

1. I went thru I-864EZ form and I could not find any info on when the applicant of GC can use his income or W2 forms to support.
Everywhere it says the sponsor have to provide the W2 forms.Now, should I file I-864EZ or I-864 ? I am the only applicant and there is only 1 sponsor which is my Wife. I m on H1B and already have a job.

2. The sponsor is not the US citizen by Birth. She moved to the US with her family long time back and that is how she got her citizenship. Are there any additional forms to be filled in this case ? (I am filling I-130, I485,G-325A,I-693,I-864EZ,I765,I-131.)

3. I read in some form that the sponsor need to mention the change of address (I-865). Where should this be informed ? to the SSN office or DMV or just proof of current residence is fine ?

Thank You!
 
1. The information about the GC applicant using their assets is on form I-864 (the long form). If you can show that the GC applicant will have their job after they get their GC then you can include it.

2. Since the petitioner is not a citizen by birth then they need to submit a copy of of their naturalization certificate with the I-130. Also, if they have a valid US passport they should include a copy the information page from the passport.

3. If the I-864 sponsor (or co-sponsor) moves while they still have a financial responsibility for the applicant then the sponsor needs to file an I-865 with the updated address within 30 days of the move with USCIS. No proof of the new address is needed, but according to the documentation it is best to keep a copy of the form and proof of mailing for your records. The financial responsibility ends during certain situations that are listed in the instructions for I-864 and I-865.
 
Thank You for the reply.

I am confused which form to fill. I-864 or I864EZ or I-864W ? I want to show my source of income as my wife did not work last year.

I -864EZ is if Wife is supporting me with income and only 1 sponsor.
I- 864 is for multiple sponsors and imiigrants
I could not understand I-864W. How do I get 40 Quarters ?

I am on H1B visa and have been working in the US for more than 5 years with an income of atleast 70K per year on an average.
 
It sounds like you need the I-864.

If you have been working in the US for at least 10 years and during that entire time (or at least 10 years of it) paid social security tax then you would be exempt from the I-864 and could file an I-864W.
 
If I filed I-864 then I have to show my wifes earning which was zero last year. She has worked in 2007 and 2008 and has made about 20K per year.
2009 she did not work at all. I am filing in 2010. So, I have to present her 2009 W2 forms which shows no earnings. What will be the complications ?

She has recently found a job which pays about 18K per year. I m concerned.

It sucks that I cannot use my earnings even though I make decent money.
 
veggie said:
It sucks that I cannot use my earnings even though I make decent money.
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Yes you can use your income, to have it combined with your wife's income. Read the I-864 instructions and the form (don't look at I-864EZ, look at the regular I-864).
 
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